Overview
Miami County is located in Ohio with a population of approximately 110,000. The Miami County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Ohio probate is governed by Title 21 of the Ohio Revised Code. The process begins with filing a Application to Probate Will (Form 2.0) or Application for Authority to Administer Estate (Form 4.0) to admit the will and appoint a personal representative. The court then issues Letters of Authority for testate estates or Letters of Administration for intestate estates.
Ohio offers simplified procedures for smaller estates:
* Summary Release from Administration: Available if the estate is worth less than $5,000, or up to $45,000 if the surviving spouse is the sole heir and pays funeral expenses.
* Release from Administration: Available if the estate is valued at $35,000 or less, or up to $100,000 if the surviving spouse is the sole heir.
Ohio sets statutory executor fees based on the value of the estate: 4% of the first $100,000, 3% of the next $300,000, and 2% of assets above $400,000.
This guide provides an informational overview of the Miami County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Miami County Probate Court
Probate matters in Miami County are handled at the Miami County Safety Building.
Address: 201 W. Main Street, Troy, OH 45373
Phone: (937) 440-6050 (Probate Division)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:30 AM to 4:00 PM
The Probate Court is located on the second floor of the Safety Building.
Parking and Access
Public parking is available in lots surrounding the courthouse and along West Main Street. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Release from Administration: If the estate is valued at $5,000 or less (or $45,000 if the spouse is the sole heir).
- Release from Administration: If the estate is valued at $35,000 or less (or $100,000 if the spouse is the sole heir).
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Authority to Administer Estate (Form 4.0) with the Miami County Probate Court. Include:
- Application to Probate Will (Form 2.0) if there is a will
- Original will and codicils (if any)
- Certified death certificate
- Filing fee deposit (typically ~$250 for full administration)
- Surviving Spouse, Children, Next of Kin, Legatees and Devisees (Form 1.0)
The court accepts filings in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 7 days before the hearing (or obtain waivers).
- Publish notice in a newspaper of general circulation in Miami County (e.g., Miami Valley Today) if addresses are unknown or as required by local rule.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters of Authority.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors — creditors have 6 months from the date of death to file claims.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting (Fiduciary's Account) and petition for discharge.
Local Requirements
Miami County-Specific Procedures
- Local Forms: The court requires specific local checklists and forms (e.g., Form MTCCH for continuances, Form NDA for newly discovered assets) in addition to standard state forms.
- Filing Deposits: The court requires a deposit for costs at the time of filing.
- Publication: Notice must be published in a newspaper of general circulation in Miami County, such as Miami Valley Today.
- Counsel: While not strictly required, the court strongly recommends retaining counsel due to the complexity of probate law.
Timeline & Fees
Filing Fees (Miami County)
- Full Administration: approximately $250 deposit
- Release from Administration: approximately $180
- Summary Release from Administration: approximately $140
- Certified copies: approximately $1-$2 per page plus certification fee
- Publication costs: approximately $50-$150 depending on the newspaper
Ohio law sets statutory executor fees: 4% of the first $100,000, 3% of the next $300,000, and 2% of the balance.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Simple estates (Release/Summary): 1-3 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditors have 6 months from the date of death to file claims, which often sets the minimum duration for full administration.
Local Resources
Miami County Court Resources
- Court Website: co.miami.oh.us/135/Probate
- Probate Forms: co.miami.oh.us/288/Court-Forms
- Ohio Probate Forms: supremecourt.ohio.gov
Legal Aid and Attorney Referrals
- Miami County Bar Association: (937) 440-6050 — Local referral information
- Legal Aid of Western Ohio: (888) 534-1432 — Legal assistance for low-income residents
- Ohio State Bar Association: ohiobar.org
Publication
- Miami Valley Today: (937) 335-5634 — General circulation newspaper